Brulport v. A.W. Chesterton Company et al
| BARBARA JEAN BRULPORT and Barbara Jean Brulport, Individually and as Administratrix of the Estate of Steven Bruce Brulport, Deceased |
| A.W. Chesterton Company, Aerco International, Inc., Air & Liquid Systems Corporation, Buffalo Pumps Division, Armstrong International, Inc., Blackmer Pump Company, BMCE Inc., in itself and as successor to United Centrifugal Pump Co., BW/IP, Inc., Carrier Corporation individually and as successor-in-interest to Bryant Heating & Cooling Systems, Clark-Reliance Corporation, Individually and as Successor in Interest to Jerguson Gage & Valve Company, Copes-Vulcan, Inc., Dezurik, Flowserve Corporation as successor to Duriron Inc. and Durco International Inc., Flowserve US Inc., solely as successor to Edward Valves Inc., Rockwell Manufacturing Company, Nordstrom Valves Inc. and Mccanna Corporation, FMC Corporation, on behalf of its former Northern Pump Company, FOSTER WHEELER ENERGY CORPORATION, Viad Corp., Neles-Jamesbury Inc., Milwaukee Valve Company Inc., Velan Valve Corporation, Union Carbide Corporation, GOULDS PUMPS LLC, ITT LLC, Valves & Controls US, Inc. f/k/a WEIR VALVES & CONTROLS USA, INC., d/b/a ATWOOD & MORRILL CO., INC., Paramount Global, f/k/a VIACOMCBS Inc., f/k/a CBS Corporation, a Delaware corporation, f/k/a VIACOM Inc., successor-by-merger to CBS Corporation, a Pennsylvania corporation, f/k/a WESTINGHOUSE ELECTRI, Greene, Tweed & Co., Inc., Warren Pumps, LLC, The William Powell Company, Gardner Denver, Inc., Tenova Core, Inc., General Electric Company, JOHN DOE 1 through JOHN DOE 75 (fictitious), Nash Engineering Company, Spirax Sarco, Inc., Morse Tec LLC, f/k/a Borg Warner Morse Tec LLC, and Successor-by-Merger to Borg-Warner Corporation, Redco Corporation f/k/a CRANE CO., LINDBERG, Grinnell LLC, Gorman-Rupp Company, John Crane, Inc., Jenkins Bros., Milton Roy, LLC, Sterling Fluid Systems (USA) LLC, Industrial Holdings Corporation f/k/a The Carborundum Company, IMO Industries, Inc., Valves & Controls US, Inc. formerly known as Weir Valves & Controls USA, Inc. doing business as Atwood & Morrill Co., Inc., Paramount Global, Morse TEC LLC, Redco Corporation, Industrial Holdings Corporation, BMCE Inc., Carrier Corporation, Clark-Reliance Corporation, Flowserve Corporation, Flowserve US Inc., FMC Corporation, Gould Pumps LLC, Weir Valves & Controls USA, Inc., ViacomCBS Inc., CBS Corporation, a Delaware corporation, Viacom Inc., successor-by-merger to CBS Corporation, a Pennsylvania corporation, Westinghouse Electric Corporation, John Doe 1 through John Doe 75, Borg Warner Morse Tec LLC, Crane Co. and The Carborundum Company |
| 1:2023cv03320 |
| April 20, 2023 |
| U.S. District Court for the Southern District of New York |
| Jesse M Furman |
| P.I. : Asbestos |
| 28 U.S.C. § 1442 Notice of Removal - Suit against Federal Officer |
| Defendant |
Docket Report
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| Document Text |
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| CASE REMANDED OUT from the U.S.D.C. Southern District of New York to the State Court - Supreme Court of the State of New York, County of New York City Asbestos Litigation. Sent certified copy of docket entries and remand order. Mailed via UPS Tracking Number 1ZE22E533710077220 on 5/15/2023..(kv) |
Filing 13
ORDER GRANTING PLAINTIFF'S MOTION FOR REMAND granting #12 Motion to Remand to State Court. Upon Plaintiff's motion, pursuant to 28 U.S.C. 1447, to remand this action to the New York State Supreme Court, New York City Asbestos Litigation, and the Court having determined that the bases set forth in Plaintiff's Motion establish just cause for the relief requested, and upon all of the proceedings had before the Court and after due deliberation and sufficient cause appearing therefor, it is hereby ordered that Plaintiff's request to remand this action to the court from which it was removed, the New York State Supreme Court, New York City Asbestos Litigation, is GRANTED. The Clerk of Court is directed to remand this action forthwith, to terminate ECF No. 12, and to close the case on this Court's docket.. (Signed by Judge Jesse M. Furman on 5/12/2023) (kv) Transmission to Docket Assistant Clerk for processing.
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| Filing 12 MOTION to Remand to State Court . Document filed by Barbara Jean Brulport, Individually and as Administratrix of the Estate of Steven Bruce Brulport, Deceased. Return Date set for 5/30/2023 at 09:00 AM. (Attachments: #1 Exhibit CERTIFICATION OF COUNSEL OF MOTION TO REMAND, #2 Exhibit Exhibit 1 - File Stamped S&C_Brulport, S, #3 Exhibit Exhibit 2 - Notice of Removal, #4 Exhibit Exhibit 3 - Viads Notice to Withdraw its Notice of Removal, #5 Text of Proposed Order [PROPOSED] ORDER GRANTING PLAINTIFFS MOTION FOR REMAND).(Wetmore, John) |
| Filing 11 NOTICE of Defendant Viad Corp.'s Witdrawal of Notice of Removal re: #1 Notice of Removal,. Document filed by Viad Corp...(Margolis, Ellen) |
| Filing 10 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent GT Global Holdings, LLC for Greene, Tweed & Co., Inc.. Document filed by Greene, Tweed & Co., Inc...(Wells, Andrew) |
| Filing 9 NOTICE OF APPEARANCE by Andrew John Wells on behalf of Greene, Tweed & Co., Inc...(Wells, Andrew) |
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Filing 8
NOTICE OF INITIAL PRETRIAL CONFERENCE: Unless and until the Court orders otherwise, counsel for all parties shall appear for an initial pretrial conference with the Court on June 27, 2023 at 9:00 a.m. The conference will be held remotely by telephone in accordance with Paragraph 3.B of the Court's Individual Rules and Practices in Civil Cases. The parties should join the conference by calling the Court's dedicated conference line at (888) 363-4749 and using access code 542-1540, followed by the pound (#) key. Within two business days of the date of this Order, Defendants are directed to serve on Plaintiff a copy of this Order and of the Courts Individual Rules and Practices in Civil Cases, and to file proof of such service on the docket. Additionally, in accordance with Paragraph 3.D of the Court's Individual Rules and Practices, the parties are hereby ORDERED to file on ECF a joint letter, described below, as well as a proposed Civil Case Management Plan and Scheduling Order attached as an exhibit to the joint letter, no later than Thursday of the week prior to the initial pretrial conference. The parties shall use this Court's form Proposed Civil Case Management Plan and Scheduling Order, which is also available at https://nysd.uscourts.gov/hon-jesse-m-furman. Any open legal issues can be addressed at the conference. The joint letter shall not exceed five (5) pages, and shall provide the following information in separate paragraphs as further set forth in this Order. SO ORDERED. ( Initial Conference set for 6/27/2023 at 09:00 AM before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 4/26/23) (yv) Modified on 4/26/2023 (yv).
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| Filing 7 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent ESAB Corporation for Warren Pumps, LLC. Document filed by Warren Pumps, LLC..(Goodearl, David) |
| Filing 6 NOTICE OF APPEARANCE by David James Goodearl on behalf of Warren Pumps, LLC..(Goodearl, David) |
| Filing 5 NOTICE OF APPEARANCE by Olga Sekulic on behalf of Viad Corp...(Sekulic, Olga) |
| NOTICE OF CASE REASSIGNMENT to Judge Jesse M. Furman. Judge John G. Koeltl is no longer assigned to the case..(aea) |
| Filing 4 NOTICE OF APPEARANCE by Joseph P. LaSala on behalf of Flowserve US Inc...(LaSala, Joseph) |
| ADD PARTY FOR PLEADING. Plaintiffs/Petitioners Barbara Jean Brulport, Individually and as Administratrix of the Estate of Steven Bruce Brulport, Deceased, Carrier Corporation individually and as successor-in-interest to Bryant Heating & Cooling Systems, Clark-Reliance Corporation, Individually and as Successor in Interest to Jerguson Gage & Valve Company added. Party added pursuant to #1 Notice of Removal,.Document filed by Barbara Jean Brulport, Individually and as Administratrix of the Estate of Steven Bruce Brulport, Deceased, Carrier Corporation individually and as successor-in-interest to Bryant Heating & Cooling Systems, Clark-Reliance Corporation, Individually and as Successor in Interest to Jerguson Gage & Valve Company. Related document: #1 Notice of Removal,..(Margolis, Ellen) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Ellen Gayle Margolis. The party information for the following party/parties has been modified: plaintiff and defendants. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps; party name was modified to add party text separately; party name was modified to add alias separately. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Ellen Gayle Margolis re: Document No. #1 Notice of Removal,. The filing is deficient for the following reason(s): all of the parties listed on the pleading were not entered on CM ECF; add Barbara Jean Brulport, Carrier Corporation, and, Clark-Reliance Corporation each with party text 'individually'. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents... (jgo) |
| Case Designated ECF. (jgo) |
| Magistrate Judge Katharine H. Parker is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (jgo) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge John G. Koeltl. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #https://nysd.uscourts.gov/rules/ecf-related-instructions..(jgo) |
| Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Other Affiliate Victory Capital Management, Inc., Other Affiliate BlackRock, Inc for Viad Corp.. Document filed by Viad Corp...(Margolis, Ellen) |
| Filing 2 CIVIL COVER SHEET filed..(Margolis, Ellen) |
| Filing 1 NOTICE OF REMOVAL from New York Supreme Court, County of New York. Case Number: 190203/2022. (Filing Fee $ 402.00, Receipt Number ANYSDC-27634583).Document filed by Viad Corp.. (Attachments: #1 Exhibit A - State Court Summons & Complaint, #2 Exhibit B - Viad's Answer to Complaint, #3 Exhibit C - First Amended Complaint, #4 Exhibit D - Viad's Answer to First Amended Complaint).(Margolis, Ellen) |
| ADD PARTY FOR PLEADING. Defendants/Respondents Neles-Jamesbury Inc., Milwaukee Valve Company Inc., Velan Valve Corporation, Union Carbide Corporation, GOULDS PUMPS LLC, ITT LLC, Valves & Controls US, Inc. f/k/a WEIR VALVES & CONTROLS USA, INC., d/b/a ATWOOD & MORRILL CO., INC., Paramount Global, f/k/a VIACOMCBS Inc., f/k/a CBS Corporation, a Delaware corporation, f/k/a VIACOM Inc., successor-by-merger to CBS Corporation, a Pennsylvania corporation, f/k/a WESTINGHOUSE ELECTRIC CORPORATION, Greene, Tweed & Co., Inc., Warren Pumps, LLC, The William Powell Company, Gardner Denver, Inc., Tenova Core, Inc., General Electric Company, JOHN DOE 1 through JOHN DOE 75 (fictitious), Nash Engineering Company, Spirax Sarco, Inc., Morse Tec LLC, f/k/a Borg Warner Morse Tec LLC, and Successor-by-Merger to Borg-Warner Corporation, Redco Corporation f/k/a CRANE CO., LINDBERG, Grinnell LLC, Gorman-Rupp Company, John Crane, Inc., Jenkins Bros., Milton Roy, LLC, Sterling Fluid Systems (USA) LLC, Industrial Holdings Corporation f/k/a The Carborundum Company, IMO Industries, Inc. added. Party added pursuant to #1 Notice of Removal,.Document filed by Neles-Jamesbury Inc., Milwaukee Valve Company Inc., Velan Valve Corporation, Union Carbide Corporation, GOULDS PUMPS LLC, ITT LLC, Valves & Controls US, Inc. f/k/a WEIR VALVES & CONTROLS USA, INC., d/b/a ATWOOD & MORRILL CO., INC., Paramount Global, f/k/a VIACOMCBS Inc., f/k/a CBS Corporation, a Delaware corporation, f/k/a VIACOM Inc., successor-by-merger to CBS Corporation, a Pennsylvania corporation, f/k/a WESTINGHOUSE ELECTRIC CORPORATION, Greene, Tweed & Co., Inc., Warren Pumps, LLC, The William Powell Company, Gardner Denver, Inc., Tenova Core, Inc., General Electric Company, JOHN DOE 1 through JOHN DOE 75 (fictitious), Nash Engineering Company, Spirax Sarco, Inc., Morse Tec LLC, f/k/a Borg Warner Morse Tec LLC, and Successor-by-Merger to Borg-Warner Corporation, Redco Corporation f/k/a CRANE CO., LINDBERG, Grinnell LLC, Gorman-Rupp Company, John Crane, Inc., Jenkins Bros., Milton Roy, LLC, Sterling Fluid Systems (USA) LLC, Industrial Holdings Corporation f/k/a The Carborundum Company, IMO Industries, Inc.. Related document: #1 Notice of Removal,..(Margolis, Ellen) |
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